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Nathaniel Greenberg Kelly
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Nathaniel Kelly’s Answers

18 total


  • Is it legal to stand outside of a baseball stadium and take pictures of any fans willing to let me for free and give a card?

    Is it legal to stand outside of a baseball stadium and take pictures of any fans willing to let me for free, and hand them information to a website that the can purchase the photo from? Outside of the stadium while on public property, not stadium ...

    Nathaniel’s Answer

    I agree with Frank here. Based on your fact pattern, the first point of inquiry is whether you need a permit or license of some kind, and you should consult a lawyer privately regarding your business plan.

    Best of Luck,
    Nate Kelly, Esq.

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  • Do I need a trademark infringement attorney?

    Hello , We would like to consult with you of an issue that we recently came across dealing with intellectual property. My partners and I have a registered trademark under the name Swagtastic since 2009. We saw that a well known brand Under Armour...

    Nathaniel’s Answer

    Hi,

    While there are a number of variables that need to be discussed, this appears likely to be a case of infringement, which, if you want to protect your TM rights, you should take seriously. Some of the open variables include whether you have established primary common law rights by selling "Swagtastic" products prior to Under Amour.

    Regarding contingency, it is important to note that there may be no actual damages here, which generally must be shown in the form of lost profits by you or profit by them from the infringement.

    The first step would be to consult directly with a lawyer directly for further advice. In addition to those of us answering your questions here, there are a number of qualified lawyers on Avvo.com. That lawyer would then issue a cease and desist to Under Armour and begin fact finding.

    You can get some useful information on trademarks from my site - http://natekelly.com/services-to-clients/business-services/general-counsel/

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  • How can I minimize penalty on a red light violation ticket by officer?

    This is my first traffic ticket every in 3 years no clue how to handle this, I was given a red light violation ticket by alameda county sheriff in Oakland, The light was on a rather big intersection and my judgement of passing through when it was ...

    Nathaniel’s Answer

    There are a number of defenses to red light tickets. I believe the Red Light Camera Defenders of Orange County are now in the Bay Area. I would reach out to them or another experienced traffic attorney to help you with this matter.

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  • Fire Lane error?

    I live in Town houses (houses next to each other) and the curbs outside were originally red. They were painted red to match the themes of the houses a long time ago. There are indications where the curbs were originally unpainted and just cement/s...

    Nathaniel’s Answer

    The general regulation for curbs painted red in LA county is no stopping, parking or standing so the question at hand is whether there is a lack of enforcement or material information indicating the curb was painted red for purely decorative reasons. If there is evidence that there was no intention for the red curb to signify no stopping or parking you may be able to have the ticket reversed. Good luck!

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  • My father died in 2010 but I just heard about it. I am the eldest son. How can I find out if he left a will?

    He died in NYC. I live in Washington D.C. He was a well known author who published over 200 novels. I need copyright info if he left a will.

    Nathaniel’s Answer

    To avoid overlooking the obvious: have you asked your other family members? If the novels are currently published the royalties would likely be managed by a private company. The company may be identified on the inside of some of his novels but certainly on royalty checks he received. If you contact the company they may tell you who the current beneficiary of these revenues is. If you believe there is substantial value in the estate I would definitely contact a probate lawyer to determine your best steps. Good luck.

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  • Can a copyright owner sue for infringement after the infringing content is removed?

    Say, someone uploaded a video on Youtube, received a notice of infringement and then removed the video. Can the copyright owner still sue if they really wanted to go after that person? Would the court take it seriously? What is the worst outcome f...

    Nathaniel’s Answer

    You "can" sue for pretty much anything; the operative question is your second, whether the court will take it seriously. The answer again, is yes but I believe you are asking whether there is a likelihood an award of damages would be made. That is more fact specific and requires a consultation with an attorney. There are many intellectual property attorneys in your area and here on avvo.com if you go that route. Good luck!

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  • Selling business but want to keep/transfer trademarks

    I have three trademarks registered under an LLC that I own. I am looking to sell the LLC but want to keep the trademarks as they are unrelated to the operations of the business. How do I transfer ownership of these marks?

    Nathaniel’s Answer

    An additional option would be to sell only the assets of the LLC and not the LLC itself; and retain the TM's in the LLC. You should consult a lawyer to determine whether this is advisable in your specific situation.

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  • Would you encourage a client to use a crowdfunding site if they didn't have the money to pay legal bills?

    Sites like http://fundedjustice.com and http://lexshares.com allow litigants to raise money to pay for legal fees. Is this a good thing? Would you send a client to one of these sites or agree to work on a contingency basis until funding came throu...

    Nathaniel’s Answer

    This is an interesting question but it really depends on the case. If it was a personal injury matter with a lot of money on the line there would likely be many lawyers willing and able to take the matter on contingency, making legal funding unnecessary. So this situation would be reserved to a complex case where there are not other obvious sources of funding (because legal lending is often at high rates). In such a case, I am always interested in the pursuit of justice, which if warranted, should be supported in whichever way possible - including crowd-funding!

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  • Establish a new LLC, or create DBA?

    I own an LLC in NM that is a tools, parts and equipment sales company. All my sales are on a pick up and deliver basis. I'm wanting to, hopefully, increase sales a little by selling the smaller (easy to ship) inventory I carry through an onlin...

    Nathaniel’s Answer

    If you want to operate a separate set of books you should form a new entity (such as an LLC). There, however, are definitely cons to having two entities, including additional management and reporting obligations, which will cost you time and money. This is primarily a tax question and consulting with a tax lawyer or CPA would be a wise move. I also would like to clarify Barbara's response: in California at least, if you end up using a dba, you do not necessarily have personal liability, because you can register the dba name with your corporate entity. Her response is accurate to the extent such a registration may not be possible in your jurisdiction and would likely prevent you from "separating " your books and thus may not be desirable to you.

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  • Do I have legal recourse to get my money back?

    Last September I unwittingly invested in a real estate investing seminar and training program called the Flipping Formula. The two gurus headlining this program are Dave Seymour and Peter Souhleris from the show Flipping Boston. The program didn't...

    Nathaniel’s Answer

    In this case, where you state you understood there was no guarantee, it's unclear to me why you feel mislead. Did they say you would not need a down-payment in order to succeed following their plan? If so, you may be reasonable to request a refund but legally, it is doubtful you would have much of a claim. In any case, a further confidential consultation would be required in order to determine whether there are grounds to request a refund. I would suggest you use your time to raise the capital necessary to proceed with your business plans.

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